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Local Government Act 1972

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Local Government Act 1972, SCHEDULE 12A is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1SCHEDULE 12AE+WACCESS TO INFORMATION: EXEMPT INFORMATION

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 12A applied (with modifications) (6.4.2008) by The Town and Country Planning (Mayor of London) Order 2008 (S.I. 2008/580), art. 9

C2Sch. 12A applied (with modifications) (8.5.2008) by The Standards Committee (England) Regulations 2008 (S.I. 2008/1085), reg. 8(6)

PART 1E+WDESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND

Modifications etc. (not altering text)

C6Sch. 12A Pts. 1-3 applied (with modifications) (1.4.2015) by The Local Audit (Auditor Panel) Regulations 2014 (S.I. 2014/3224), regs. 1(1), 9(2) (with reg. 1(3))

C7Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

1E+WInformation relating to any individual.

Modifications etc. (not altering text)

C9Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C10Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

2E+WInformation which is likely to reveal the identity of an individual.

Modifications etc. (not altering text)

C13Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C14Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

3E+WInformation relating to the financial or business affairs of any particular person (including the authority holding that information).

Modifications etc. (not altering text)

C16Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C17Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

4E+WInformation relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

Modifications etc. (not altering text)

C19Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C20Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

5E+WInformation in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Modifications etc. (not altering text)

C22Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C23Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

6E+WInformation which reveals that the authority proposes—

(a)to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any enactment.

Modifications etc. (not altering text)

C25Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C26Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

7E+WInformation relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Modifications etc. (not altering text)

C28Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C29Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

PART 2E+WQUALIFICATIONS: ENGLAND

Modifications etc. (not altering text)

C30Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

8E+WInformation falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under—

(a)[F2the Companies Acts (as defined in section 2 of the Companies Act 2006)];

(b)the Friendly Societies Act 1974 M1;

(c)the Friendly Societies Act 1992 M2;

[F3(d)the Co-operative and Community Benefit Societies Act 2014;]

(e)the Building Societies Act 1986 M3; or

[F4(f)the Charities Act 2011.]

Textual Amendments

F4Sch. 12A para. 8(f) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 28 (with s. 20(2), Sch. 8)

Modifications etc. (not altering text)

C32Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C33Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

Marginal Citations

9E+WInformation is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission [F5or permission in principle] pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 M4.

Textual Amendments

Modifications etc. (not altering text)

C35Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C36Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

Marginal Citations

10E+WInformation which—

(a)falls within any of paragraphs 1 to 7 above; and

(b)is not prevented from being exempt by virtue of paragraph 8 or 9 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Modifications etc. (not altering text)

C38Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C39Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

PART 3E+WINTERPRETATION: ENGLAND

Modifications etc. (not altering text)

C40Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

11(1)In Parts 1 and 2 and this Part of this Schedule—E+W

  • “employee” means a person employed under a contract of service;

  • “financial or business affairs” includes contemplated, as well as past or current, activities;

  • “labour relations matter” means—

    (a)

    any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 M5(matters which may be the subject of a trade dispute, within the meaning of that Act); or

    (b)

    any dispute about a matter falling within paragraph (a) above;

    and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

  • “office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

  • “registered” in relation to information required to be registered under the Building Societies Act 1986 M6, means recorded in the public file of any building society (within the meaning of that Act).

(2)Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a)in the case of a principal council, to any committee or sub-committee of the council; and

(b)in the case of a committee, to—

(i)any constituent principal council;

(ii)any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii)any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c)in the case of a sub-committee, to—

(i)the committee, or any of the committees, of which it is a sub-committee; and

(ii)any principal council which falls within paragraph (b) above in relation to that committee.

Modifications etc. (not altering text)

C42Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)

C43Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)

Marginal Citations

[F6 PART 4 E+WDESCRIPTIONS OF EXEMPT INFORMATION: WALES

Textual Amendments

Modifications etc. (not altering text)

12E+WInformation relating to a particular individual.

13E+WInformation which is likely to reveal the identity of an individual.

14E+WInformation relating to the financial or business affairs of any particular person (including the authority holding that information).

15E+WInformation relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

16E+WInformation in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

17E+WInformation which reveals that the authority proposes —

(a)to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any enactment.

18E+WInformation relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.]

[F7 PART 5 E+WQUALIFICATIONS: WALES

Textual Amendments

Modifications etc. (not altering text)

19E+WInformation falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —

(a)[F8the Companies Acts (as defined in section 2 of the Companies Act 2006)];

(b)the Friendly Societies Act 1974 M7;

(c)the Friendly Societies Act 1992 M8;

[F9(d)the Co-operative and Community Benefit Societies Act 2014;]

(e)the Building Societies Act 1986 M9; or

[F10(f)the Charities Act 2011.]

Textual Amendments

F10Sch. 12A para. 19(f) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 28 (with s. 20(2), Sch. 8)

Marginal Citations

20E+WInformation is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 M10.

Marginal Citations

21E+WInformation which —

(a)falls within any of paragraphs 12 to 15, 17 and 18 above; and

(b)is not prevented from being exempt by virtue of paragraph 19 or 20 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.]

[F11 PART 6 E+WINTERPRETATION: WALES

Textual Amendments

Modifications etc. (not altering text)

22(1)In Parts 4 and 5 and this Part of this Schedule —E+W

  • “employee” means a person employed under a contract of service;

  • “financial or business affairs” includes contemplated, as well as past or current, activities;

  • “labour relations matter” means —

    (a)

    any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 M11 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

    (b)

    any dispute about a matter falling within paragraph (a) above;

    and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

  • “office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

  • “registered” in relation to information required to be registered under the Building Societies Act 1986 M12, means recorded in the public file of any building society (within the meaning of that Act).

(2)Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —

(a)in the case of a principal council, to any committee or sub-committee of the council; and

(b)in the case of a committee, to —

(i)any constituent principal council;

(ii)any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii)any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c)in the case of a sub-committee, to —

(i)the committee, or any of the committees, of which it is a sub-committee; and

(ii)any principal council which falls within paragraph (b) above in relation to that committee.]]

Marginal Citations

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